Under the California wage and hour law, if you are a non-exempt worker, you are entitled to a thirty-minute undisturbed, work-free meal if you work more than five hours a day. You are also entitled to another additional thirty-minute meal break if you work more than ten hours a day. 

Under the California labor law, you are also entitled to a ten-minute break for every four hours that you work. 

It is important to understand California’s meal and rest breaks because they are mandatory to ensure that employers do not take advantage of employees. The employer must do everything in their power to communicate these legal requirements to their employees. 

What is a meal break in California?

A meal break is a time provided to the employees to take time for themselves. During this time, the employee is free to eat a meal or do anything they please. During the lawful meal break, it is required that the employer:

• Allow the employee to take an uninterrupted thirty minute meal break.
• Relieve the employee of all tasks for the time being of the break.

What can an employer not do during meal breaks? 

The employer cannot do any of the following: 

• Employers cannot try to bribe with incentives to skip meal breaks.
• Discourage employees from taking meal breaks.
• Create a culture that encourages skipping meal breaks.

What is a rest break in California?

A rest break is a ten minute break for every four hours worked given to employees by the employer. This ten minute break is a paid uninterrupted break that relieves the employee of all work activities. The employer must provide an area for the employees to have these breaks and cannot require employees to remain on-site or on-call during the break. 

What Are The Meal And Rest Break Requirements in California? 

• The employer must give an employee a rest break of at least ten minutes that are uninterrupted.
• Rest breaks must be paid.
• If you work at least three and a half hours in a day, you are entitled to one rest break. 
• If you work over six hours, you are entitled to a second rest break.
• If you work over ten hours, you are entitled to a third rest break.
• Rest breaks must be possible in the middle of each work period. If you work eight hours or more, you should have a separate rest break before and after your meal break.
• Your boss may not require you to remain on work premises during your rest breaks.
• You cannot be required to work during any required rest breaks. 
• An employee has the option to not take any of their mandatory breaks as their choice without the employer having any input into their decision making. 

Who Is Entitled To The Meal And Rest Breaks In California? 

California’s meal and rest breaks apply to non-exempt workers. A very important group of exempt workers are the white-collar exempt workers, who meet the following requirements: 

• Spend more than half of their time while on the clock doing intellectual, managerial, or creative work. 
• Frequently have to give discretions and independent judgments while performing duties that are part of the job.
• Their monthly salary must be at least twice the amount of California’s minimum wage for full-time employment. 

Who Is Not Entitled To Meal And Rest Breaks In California? 

The California labor laws regarding meal and rest breaks do not apply to independent contractors or unionized workers within certain industries. For unionized workers to not qualify, there must be an agreement providing their breaks at a different schedule.   

California Meal Break Law Chart

Here is a chart showing how many meal breaks you can have after working for a certain time.

California Rest Break Law Chart

Here is a chart showing how many rest breaks you can have after working for a certain time.

Can you combine rest and meal breaks?

There is a difference between rest breaks and meal breaks; therefore, they cannot be combined. An employer cannot make workers combine their breaks either, as that is a direct violation of California law. It is also not permissible for a worker and employer to make an agreement that violates the requirements. 

Contact Pride Legal

If you or a loved one has more concerns about meals and rest breaks, we invite you to contact us at Pride Legal for legal counseling or any further questions. To protect your rights, hire someone who understands them.